What is Driving Under the Influence (DUI) in Florida?

To prove the crime of Driving Under the Influence, the State must prove the following two elements beyond a reasonable doubt:

1. The Defendant drove or was in actual physical control of a vehicle.
2. While driving or in actual physical control of the vehicle, the Defendant:
• a. was under the influence of alcoholic beverages, a chemical substance, or a controlled substance to the extent that his/her normal faculties were impaired;
OR

• b. had a blood/breath-alcohol level of .08 or more grams of alcohol

They include, but are not limited to, your ability to:

• See
• Hear
• Walk
• Talk
• Judge distances
• Drive an automobile
• Make judgments
• Act in emergencies
• Mental/physical acts of our daily lives

Many people are surprised to learn that you don't have to be driving a car or even be behind the wheel to be guilty of DUI. If you are merely in actual physical control of the vehicle, you can be arrest.

Actual physical control means you are physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether you are actually operating the vehicle at the time. For example, you could be entering your car with the keys to be guilty according to the law.

In you are arrested for DUI, law enforcement will ask you to submit to a breath or blood test to confirm your guilt. They will read you a statement called implied consent, which, in part, will advise that your refusal to submit to testing will result in your driver's license being suspended.

If you agree to take the test, law enforcement will ask you to provide two breath samples into a machine. This machine will calculate your BAC and print out a report. The results on this test can make or break your case.

• If your BAC is over .08, you are presumed to be legally impaired.
• If your BAC is over .05 but less than .08, there is no presumption that you were or were not impaired.
• If your BAC is .05 or less, you are presumed NOT to be under the influence to the extent your normal faculties are impaired.